Legal Opinion

Clay v. State

Wyoming Supreme Court

Decided June 26, 1906PublishedCited by 14 opinions

Error to the District Court, Albany County, HoN. Charles E. CarpENTEr, Judge. Henry E. Clay was tried upon an information charging him with murder in the first degree for the killing of one George Gerber. He was found guilty as charged in the information, and sentenced to suffer the death penalty. He prosecuted error. The material facts are stated in the opinion.

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Error to the District Court, Albany County, HoN. Charles E. CarpENTEr, Judge. Henry E. Clay was tried upon an information charging him with murder in the first degree for the killing of one George Gerber. He was found guilty as charged in the information, and sentenced to suffer the death penalty. He prosecuted error. The material facts are stated in the opinion. Thé evidence showing conclusively that Burney, a witness for the prosecution, testified under promises from the attorneys for the prosecution, thereby being treated as an accomplice, it was error to charge the jury that it was for…

1Opinion of the Court

Scott, Justice.

The plaintiff in error, defendant below, was charged, tried and found guilty of the crime of murder in the first degree and sentenced to suffer the extreme penalty of the law.

From the record it appears that George Gerber, the decedent, was and had been for some time prior to the homicide engaged in keeping a store on Front street in the City of *56Laramie. That he did not deposit his money in bank, but was supposed to keep it in the store, and it was generally known that he kept considerable money in coin and currency in a cigar box behind the counter and from which he made change…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. State v. CurtisSupreme Court of Missouri · 1879
  2. State v. WestSupreme Court of Missouri · 1879
  3. Welsh v. StateSupreme Court of Alabama · 1892
  4. State v. HudspethSupreme Court of Missouri · 1899
  5. State v. HollingsworthSupreme Court of Missouri · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. State v. CarrollWyoming Supreme Court · 1937
  3. State v. WellsUtah Supreme Court · 1909
  4. Witt v. StateWyoming Supreme Court · 1995
  5. Jansen v. StateWyoming Supreme Court · 1995

9 more not listed; retrieve them via the Exa API.

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